Legal Information/ Legal Briefs
Legal Briefs
Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.
Legal Briefs 2012
December
Help! I signed something ... and now I regret it!
You’ve just purchased goods from an itinerant merchant (often referred to as a travelling salesman) who interrupted you at home while you were watching your favourite TV show. You regret making the purchase and would like to cancel it. You should know that, under the Consumer Protection Act,<
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November
He wants to sponsor his cuban princess
The Facts
Jean-Claude, a youthful and divorced 60-year-old retiree, is fascinated by Cuban culture, particularly its performing artists. During his first trip to Cuba, three years ago, he met his soul mate, Maria, an outstanding dancer who was 25 years old and sing
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November
Employment insurance and quitting: Are they incompatible?
Employment insurance legislation stipulates that a person cannot receive benefits if they are without a job due to their misconduct or if they voluntarily leave their job without just cause.
If you quit your job, you may still be able to receive benefits if you can prove that, under the circu
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October
The role of the child's lawyer
For a number of years, children have had the right to be represented by a lawyer in youth protection hearings involving them before the Court of Québec, Youth Division.
A lawyer who represents a child in these circumstances cannot simply do as he pleases. There are three situations to conside
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October
The importance of having a will
Having a will is important, because without one, it is the Civil Code of Québec that will determine who receives your property. You can read about the rules for the transmission of property when someone dies without a will on the Justice Québec website, in the section entitled “Successions”.<
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September
Young persons: Arrest and the right to a lawyer
Like all citizens, young persons between the ages of 12 and 17 who are arrested or held in custody by the police in connection with an offence have the right to be informed of the reasons for their arrest, their right to remain silent and their right to obtain immediate assistance from a lawyer, and
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June
Can the DYP place my child for a long time?
The Youth Protection Act (YPA) requires the Director of Youth Protection (DYP) to carry out an investigation when a credible report is made that a child has been abandoned, neglected or psychologically, sexually or physically abused, or if a child has serious behavioural problems that the parents are unable to correct.
If, at the end of the investigation, social services personnel determine that a child is really in danger, they must consider which solutions can be used to remedy the situation. They may recommend to the parents (or to one of them) that they participate in various programs to improve their parenting skills, but, if necessary, they may also recommend that the child be placed in a foster family or rehabilitation centre.
Initially, DYP personnel have the obligation to ask for the parents’ cooperation. If the parents acknowledge the situation that is endangering the child’s development or safety, they may undertake, in a written agreement, to remedy the situation in accordance with the proposed measures. If the parents disagree with the content of the written agreement, if they refuse to act or if they are unable to remedy the situation, social services personnel have the obligation to submit the matter to a judge who can order various measures so as to put an end to the situation endangering the child.
Under an agreement, the total duration of the remedial measures cannot exceed 2 years, except if the child is of school age and the 2 years finish during the school year, in which case the measures can extend until the end of that period.
In court, the proposed measures, including placement of the child, can extend until the child is 18 years old if the judge considers it necessary in order to ensure the child’s stability. Before making such an order, the court must ensure that assistance has been provided to the parents.
If the parents choose to make their child a priority, to improve and to become a positive force in the child’s life and the child is able to progress, grow and develop in his family environment, the DYP will no longer have a place in the child’s life.
Parents and children have the right to consult a lawyer at every stage of the process.
Legal brief *
June
2012
Number
06
Text prepared by Commission des services juridiques
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
June
You have received a notice of rent increase: what should you do?
A notice of rent increase must not be an indirect means to evict a tenant. You have the right to remain in your premises and have your lease renewed automatically.
When a lease is being renewed, the landlord can modify the amount of the rent. In a twelve-month lease, the landlord must give a
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May
I just found out that I am not my child's father
Mario and Joanie have been living together for several years and have a child together. The birth certificate of the child, whose name is Vincent, indicates Mario and Joanie as his parents. The couple separates when Vincent is seven years old. Despite the separation, Mario continues to take care of
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May
Deprivation of parental authority and adoption
The Civil Code of Québec confirms that fathers and mothers have the rights and duties of custody, supervision and education of their children; this is a core natural principle.
This parental authority allows parents to look after their children by exercising these rights and duties, wh
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April
Can my spouse adopt my child
The reality of today’s families and the fact that many parents will be part of more than one couple during their lifetime is not without its repercussions on their children. These children will have several parental figures during their childhood. Family law lawyers have noted a new upsurge in the n
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